The ambition to legally bar Trump from the Presidency rather than defeat him by ballot would not have become so plausible to so many but for a scholarly paper by the conservative constitutional-law professors William Baude and Michael Stokes Paulsen, which became an instant sensation in August.
The paper, titled “The Sweep and Force of Section Three,” gives conservative cover to liberal fantasy, arguing that the Constitution disqualifies Trump from becoming President again because of his “participation in the attempted overthrow of the 2020 presidential election.” Intended to keep Confederate rebels from holding office, Section 3 of the Fourteenth Amendment, known as the disqualification clause, states that no person may hold any office “who, having previously taken an oath . . . as an officer of the United States . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereo
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